TUG ESCORTS FOR LADEN OIL TANKERS.

SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS.(a) Comparability Analysis.—(1) In general.—Within 1 year after the date of enactment of this Act, the Commandant, in consultation with the Secretary of State, is strongly encouraged to enter into negotiations with the Government of Canada to update the comparability analysis which serves as the basis for the Cooperative Vessel Traffic Service agreement between the United States and Canada for the management of maritime traffic in Puget Sound, the Strait of Georgia, Haro Strait, Rosario Strait, and the Strait of Juan de Fuca. The updated analysis shall, at a minimum, consider—(A) requirements for laden tank vessels to be escorted by tug boats;(B) vessel emergency response towing capability at the entrance to the Strait of Juan de Fuca; and(C) spill response capability throughout the shared water, including oil spill response planning requirements for vessels bound for one nation transiting through the waters of the other nation.(2) Consultation requirement.—In conducting the analysis required under this subsection, the Commandant shall consult with the State of Washington and affected tribal governments.(3) Recommendations.—Within 18 months after the date of enactment of this Act, the Commandant shall submit recommendations based on the analysis required under this subsection to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. The recommendations shall consider a full range of options for the management of maritime traffic, including Federal legislation, promulgation of Federal rules, and the establishment of cooperative agreements for shared funding of spill prevention and response systems.124 STAT. 2987(b) Dual Escort Vessels for Double Hulled Tankers in Prince William Sound, Alaska.—(1) In general.—Section 4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note) is amended—(A) by striking “Not later than 6 months after the date of the enactment of this Act, the” and inserting “(1) In general.—The”; and(B) by adding at the end the following:“(2) Prince william sound, alaska.—“(A) In general.—The requirement in paragraph (1) relating to single hulled tankers in Prince William Sound, Alaska, described in that paragraph being escorted by at least 2 towing vessels or other vessels considered to be appropriate by the Secretary (including regulations promulgated in accordance with section 3703(a)(3) of title 46, United States Code, as set forth in part 168 of title 33, Code of Federal Regulations (as in effect on March 1, 2009) implementing this subsection with respect to those tankers) shall apply to double hulled tankers over 5,000 gross tons transporting oil in bulk in Prince William Sound, Alaska.“(B) Implementation of requirements.—The Secretary of the department in which the Coast Guard is operating shall prescribe interim final regulations to carry out subparagraph (A) as soon as practicable without notice and hearing pursuant to section 553 of title 5 of the United States Code.”.(2) Effective date.—The amendments made by subsection (b) take effect on the date that is 90 days after the date of enactment of this Act.(c) Preservation of State Authority.—Nothing in this Act or in any other provision of Federal law related to the regulation of maritime transportation of oil shall affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof which require the escort by one or more tugs of laden oil tankers in the areas which are specified in section 4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note).(d) Vessel Traffic Risk Assessment.—(1) Requirement.—The Commandant of the Coast Guard, acting through the appropriate Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act, shall prepare a vessel traffic risk assessment for Cook Inlet, Alaska, within 1 year after the date of enactment of this Act.(2) Contents.—The assessment shall describe, for the region covered by the assessment—(A) the amount and character of present and estimated future shipping traffic in the region; and(B) the current and projected use and effectiveness in reducing risk, of—(i) traffic separation schemes and routing measures;(ii) long-range vessel tracking systems developed under section 70115 of title 46, United States Code;(iii) towing, response, or escort tugs;(iv) vessel traffic services;(v) emergency towing packages on vessels;124 STAT. 2988(vi) increased spill response equipment including equipment appropriate for severe weather and sea conditions;(vii) the Automatic Identification System developed under section 70114 of title 46, United States Code;(viii) particularly sensitive sea areas, areas to be avoided, and other traffic exclusion zones;(ix) aids to navigation; and(x) vessel response plans.(3) Recommendations.—(A) In general.—The assessment shall include any appropriate recommendations to enhance the safety, or lessen potential adverse environmental impacts, of marine shipping.(B) Consultation.—Before making any recommendations under paragraph (1) for a region, the Area Committee shall consult with affected local, State, and Federal government agencies, representatives of the fishing industry, Alaska Natives from the region, the conservation community, and the merchant shipping and oil transportation industries.(4) Provision to congress.—The Commandant shall provide a copy of the assessment to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.